Premises Liability / Negligent Maintenance

Our client was an experienced pickleball player participating in a game at a waterfront club in Palm Beach County when he planted his foot on the court surface and felt his ankle give way. The court had been allowed to deteriorate to a dangerous condition -- chipping, cracking, and peeling with an uneven surface that created hidden hazards invisible to players focused on the game. Our client sustained a Maisonneuve fracture with syndesmotic instability and a medial deltoid ligament rupture -- a complex combination of injuries requiring open surgical repair of both the ankle joint and the ruptured ligament. A healthy, active 37-year-old was left with permanent changes to his ankle and the likelihood of future surgery. Mausner Group pursued the condominium association responsible for maintaining the court and secured a settlement of $225,000.

Florida premises liability law requires property owners and condominium associations to maintain their recreational facilities in a reasonably safe condition for invitees. A sports court that has visibly deteriorated -- with chipping concrete, peeling surface material, and an uneven playing area -- is a known hazard the owner is obligated to repair or warn against. The defense attempted to argue that the condition was open and obvious. Mausner Group countered that the deteriorating surface was camouflaged by discoloration in a way that made it non-obvious to a player in motion.